HomeMy WebLinkAboutRes No 2796I
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PLANNING COMMISSION RESOLUTION NO. 2796
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION IN
ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA); AND APPROVING A PRECISE PLAN TO INCREASE THE
APPROVED PAD ELEVATION OF LOT NOS. 1 -AND 2 OF TENTATIVE
TRACT MAP (TIM) 30438 FOR TWO EXISTING SINGLE-FAMILY LOTS
WITHIN THE STONE EAGLE RESIDENTIAL COMMUNITY
CASE NO: PP 21-0007
WHEREAS, the Plann ing Commission of the City of Palm Desert, California, did on
the 7th day of September 2021, hold a duly noticed public hearing to consider the request by
Vintage-Stone Eagle, LLC, for approval of the above-noted; and
WHEREAS, the project is located within the City's Hillside Planned Residential (HPR)
zone and Drainage (D) Overlay Districts; and
WHEREAS, the City Council, in 2002, approved Resolution 02-137, approving TTM
30438 and the development of the Stone Eagle residential community; and
WHEREAS, the City of Palm Desert Public Works Department, in 2005, approved
Grading Permit G988, establishing a pad elevation of 665.0' for Lot No. 1 of TM 30438 and a
pad elevation of 666.0' for Lot No. 2 of TM 30438; and
WHEREAS, the Applicant, is requesting to increase from the approved pad elevation
of Lot No. 1 of TM 30438 to 667.0' and increase the pad elevation of Lot No. 2 of TM 30438
to 667.0'; and
WHEREAS, the acting City Engineer has reviewed the proposal and found it to be
consistent with City of Palm Desert Grading Requirements; and
WHEREAS, said application has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of CEQA" Resolution No. 2019-41, in that the Director
of Development Services has determined that the project will not have a significant impact on
the environment and that the project is categorically exempt under Article 19, Section 15304
Minor Alterations of Land (Class 4) of the CEQA Guidelines; and
WHEREAS, at the said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, said Planning
Commission did make the following findings to justify the approval of said request:
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS:
1.That the above recitations are true and correct and constitute the findings of the
Planning Commission in this case.
2.That the Planning Commission does hereby approve Precise Plan 21-0007, subject
to conditions attached.
PLANNING COMMISSION RESOLUTION NO. 2796
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of '
Palm Desert, California, at its regular meeting held on the 7i" day of September 2021, by the
following vote, to wit:
AYES: DE IUNA, GREENWOOD, GREGORY, HOLT, AND PRADETTO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
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JOHN C5, R�'�N OOD, CH .
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ATTEST:
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MARTIN ALVAREZ, SECRETARY
PALM DESERT PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 2796
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CONDITIONS OF APPROVAL
CASE NO. PP 21-0007
LAND DEVELOPMENT DIVISION (PLANNING/ENGINEERINGI:
The development of the property shall conform substantially with exhibits on file with the
Development Services Department, as modified by the following conditions.
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2. The Applicant agrees that in the event of any administrative, legal, or equitable action
instituted by a third party challenging the validity of any of the procedures leading to the
adoption of these Project Approvals for the Project, or the Project Approvals themselves,
Developer and City each shall have the right, in their sole discretion, to elect whether or
not to defend such action. Developer, at its sole expense, shall defend, indemnify, and
hold harmless the City (including its agents, officers, and employees) from any such
action, claim, or proceeding with counsel chosen by the City, subject to the Developer's
approval of counsel, which shall not be unreasonably denied, and at the Developer's sole
expense. If the City is aware of such an action or proceeding, it shall promptly notify the
Developer and cooperate in the defense. Developer upon such notification shall deposit
with City sufficient funds in the judgment of City Finance Director to cover the expense
of defending such action without any offset or claim against said deposit to assure that
the City expends no City funds. If both Parties elect to defend, the Parties hereby agree
to affirmatively cooperate in defending said action and to execute a joint defense and
confidentiality agreement in order to share and protect the information, under the joint
defense privilege recognized under applicable law. As part of the cooperation in
defending an action, City and Developer shall coordinate their defense in order to make
the most efficient use of legal counsel and to share and protect information. Developer
and City shall each have sole discretion to terminate its defense at any time. The City
shall not settle any third party litigation of Project Approvals without the Developer's
consent, which consent shall not be unreasonably withheld, conditioned, or delayed
unless Developer materially breaches this indemnification requirement.
3. The development of the property described herein shall be subject to the restrictions and
limitations set forth herein, which are in addition to the approved development standards
listed in the Palm Desert Municipal Code (PDMC), and state and federal statutes now in
force, or which hereafter may be in force.
4. Construction of said project shall commence within two years from the date of final
approval unless an extension of time is granted; otherwise, said approval shall become
null, void, and of no effect whatsoever.
5. Any proposed modifications to this approval shall require an amendment to the
application, which will result in a new public hearing.
6. Prior to issuance of a building permit for construction of any use contemplated by this
approval, the Applicant shall first obtain permits and/or clearance from the following
agencies:
Building & Safety Division
City Fire Marshal
Coachella Valley Water District
PLANNING COMMISSION RESOLUTION NO. 2796
Evidence of said permit or clearance from the above agencies shall be presented to the ,
Department of Building & Safety at the time of issuance of a building permit for the use
contemplated herewith.
7. The ApplicanUowner shall comply with all applicable provisions of federal, state, and local
ordinances in effect at the time of building permit issuance.
8. All cuts, fills, or other areas temporarily disturbed by grading shall be re-naturalized,
colored, and landscaped to blend with the adjacent undisturbed natural terrain.
9. The Applicant or any successor in interest shall comply with all applicable local, state,
and federal laws and regulations.
10. A copy of the herein-listed conditions of approval shall be included in the construction
documentation package for the project, which shall be continuously maintained on-site
during Project construction.
11. The final design of all site walls shall be subject to review and approval by the Palm
Desert Development Services Department.
12. The pad elevation of Lot No. 1 shall be 667.0' above mean sea level. The pad elevation
of Lot No. 2 shall be 667.0' above mean sea level.
13. The Applicant shall submit a grading plan to the Department of Public Works for review ,
and approval. Any changes to the approved civil or landscape plans must be reviewed
for approval prior to work commencing.
14. The Applicant shall submit a PM10 application for approval. The Applicant shall comply
with all provisions of Palm Desert Municipal Code Section 24.12 regarding Fugitive Dust
Control.
15. The Applicant shall abide by all provisions of the City of Palm Desert Ordinance 843,
Section 24.20 Stormwater Management and Discharge Ordinance.
END OF CONDITIONS OF APPROVAL
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